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I’ve been with my employer for nearly two years and am currently on STD, and soon potentially moving to LTD . I’m considering negotiating an exit and would like to know if I’d be entitled to common law severance in this case or if severance only applies when the employer initiates termination? Based on my tenure and age, I understand I could be eligible for up to 10 months of severance—does this apply if I’m the one seeking to leave? Additionally, would severance impact my LTD benefits?
You may be able to negotiate an exit package with the company; however, any entitlement to common law reasonable notice would only be triggered if your employment is terminated by the company. Given that you are currently on STD, and soon potentially moving to LTD, your situation is more complex and more information is required to properly assess your situation. Please contact our firm to schedule a consultation with one of our employment lawyers if you wish to discuss this further.